What is the test for admitting evidence of an obsession with murder?

California, United States of America


The following excerpt is from People v. Herrera, 2d Crim. No. B286907 (Cal. App. 2019):

We review the trial court's decision to admit evidence under Evidence Code section 1101, subdivision (b) for an abuse of discretion. (People v. Leon (2015) 61 Cal.4th 569, 597.)

A reasonable juror could conclude that a person who repeatedly views murder videos has an obsession with murder and intended to act on the obsession. Thus, the evidence of such videos is relevant to prove premeditation, deliberation, intent, motive, and absence of accident. (See People v. Memro (1995) 11 Cal.4th 786, 865 [child pornography in possession of defendant showed he had a sexual attraction to young boys and intended to act on that attraction].) The evidence of the videos was admissible under Evidence Code section 1101, subdivision (b).

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